According to research conducted by the University of Manchester between 2020 and 2023, in at least 240 criminal trials in the UK, rap lyrics were used as evidence against the defendant. Most of the lyrics were used as evidence of gang membership or so-called confessions of criminal acts. This is an ongoing issue in the US, as successful rapper, Young Thug was told by a judge that the use of his lyrics as evidence against him was not ‘an attack on free speech’, the antithesis of this article’s view. This unjustified violation of Article 10 limits artist’ Freedom of expression to create music in a genre that is currently topping the charts. Moreover, the specific targeting of rap is a manifestation of prejudicial stereotyping of rap artists as criminals in the justice system.
‘Grime’ and ‘drill’ have become increasingly popular genres in the UK in recent years. While the themes in grime and drill frequently involve violence and crime, many listeners claim that the music reflects modern society and specifically life in disadvantaged areas in the UK. Drill music has been described as being ‘about what we see, what society had made us. We talk about the good, we talk about the bad.’ Grime and drill music is also enjoyed across many different members of society and contrary to prejudicial belief, it is not a genre reserved for criminals. The MP for Nottingham East, Nadia Whittome, stated, ‘I love rap, especially grime. It’s a huge part of our culture… it feels particularly unfair that it is being used indiscriminately in court… it’s a practice that relies on racist stereotypes and risks miscarriages of justice’.
The coalition ‘Art not Evidence’, was created in 2022 by lawyers, academics, and musicians to validate grime as a form of art and to restrict the use of lyrics as evidence in criminal proceedings to protect artists’ freedom of expression.
A particular expert witness in a case where young men were charged with conspiracy to possess a firearm was alarmed by the prosecution’s heavy reliance on rap lyrics which the group had written five years previous to the trial. The witness commented that the rap lyrics were ‘performative and not to be taken literally.’ Lyrics are also more commonly relied on when there is no other supporting forensic evidence, regarded as ‘a dangerously wrongheaded approach’. This pathway could be a slippery slope as it may result that any form of art could be weaponised against artists in the courts. This prompts the question, should comedians be wary of jokes they make in case their comedy is potentially interpreted as auto-biographical and used as evidence against them. The use of any art form as evidence when unjustified, is unequivocally a restriction on the artists freedom of expression.
Since rap music has gained popularity, it has been a heavily censored genre. In the 1980s the first popular rap albums in America lead to the creation of the ‘parental advisory’ label on albums warning to parents of the bad language and inappropriate references. N.W.A’s album ‘Straight Outta Compton” was banned from stores and radio stations due to its explicit references and lead to the group receiving a cease-and-desist order from the FBI. Therefore, criminalising rap is not a new concept, but it is a form of censorship which is still ongoing. For years Australian drill rap group ‘OneFour’ was banned from performing in Australia, as some believed their music incited violence. One of the members in retaliation to this commented, ‘we’re not a gang. We’re a music group… we’re a business.’ Highlighting how this issue affects artists globally.
Many Artists in other genres of music have depicted crime in their lyrics but will not have had this used against them as it appears their art-form is more respected than rap.
For example, pop singer Charli XCX’s recent award-winning album Brat contains numerous mentions of class A drug consumption, however, she has not been attacked for promoting use of drugs and her lyrics are less likely to be used as evidence than rap, as pop is held in higher regard. According to most research of lyrics being presented in criminal courts; it is predominately lyrics from the rap genre. This leads to the assumption that archaic and prejudicial views within the criminal justice system have a bias against rappers. While the music can be violent and shocking, many artists exaggerate or fabricate violent stories to attract listeners. One signatory of Art not Evidence’s open letter, Chakrabarti says the prejudicial views ‘assumes criminality (of people) from cultural influences just because they like that type of music’.
‘Art not Evidence’ do not seek to make the use of rap lyrics or videos as evidence entirely inadmissible, but only when it is not directly supported by other compelling forms of evidence such as DNA, CCTV footage, forensic evidence or eyewitness testimony. In California, the use of rap lyrics in court has been restricted as such. In 2022, Governor Gavin Newsom signed the Decriminalizing Artistic Expression Act, limited the use of rap lyrics as evidence to protect artists. This bill arose due to cases in which rappers Young Thug and Gunna’s lyrics were directly quoted and used against them during trial. The Black Music Action Coalition advocated for the bill stating that the signing of it, ‘is a huge victory for the artistic and creative community, and a big step in the right direction.’
It seems the UK should follow in the footsteps of California, to restrict the use of lyrics as evidence in criminal cases to only in very limited circumstances. Using art as evidence is a slippery slope, whereby artists’ freedom of expression is stifled due to risk of criminalisation. Moreover, the select targeting of rap, drill and grime music perpetrates a dangerous and racist stereotype that all rappers are criminals, they are indeed artists and should be regarded as so. Rap music is made to share views on society, lived experiences and for musicians to entertain to their listeners. In recent years, Hip-hop has made up one fifth of top singles in the UK charts. Therefore due to the growing popularity of grime and drill in the UK some have suggested that rap music is offering disadvantaged youth a pathway to opportunities for a better life, ‘the music is becoming a business. It’s becoming more positive than negative’. Censoring drill artists could decimate the careers which have been built within the genre. Therefore, everyone should be aware of the invidious use of censorship against rap artists, and the promotion of the ‘Art not Evidence’ campaign should be encouraged, as rap music is exactly just that.
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